beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 27, 2013, the Defendant: (a) supplied the F Hotel Construction Corporation located in E in Jeju Island (hereinafter “instant construction project”); (b) the construction cost of KRW 11,238,00,000; and (c) the construction period from July 1, 2013 to December 31, 2014; (d) concluded a multiple-time amendment agreement and subsequently changed the construction period from July 1, 2013 to May 31, 2015 into the construction cost of KRW 14,953,69,560 (including value-added tax).
B. From November 2013 to December 31, 2014, the Defendant: (a) subcontracted the instant construction project en bloc to the Plaintiff by setting the construction period of KRW 3,540,000 from November 1, 2013 to December 31, 2014; (b) concluded several subsequent revisions, and finally changed the construction period from November 1, 2013 to May 31, 2015 to the construction period of KRW 7,85,902,619 (including value-added tax).
C. In addition to the instant construction project, the Plaintiff, a subcontractor, received a supply of and executed as a contractor the Korea L Hotel Construction Corporation located in Seopopo City from G (hereinafter “G”) and J (hereinafter “J”) at Seopo City, Seopo City, Inc. (hereinafter “J”).
On May 28, 2015, the Plaintiff completed the instant construction, and the Plaintiff, the Defendant, and C agreed to settle the first business around February 2016, and "the following settlement agreement (hereinafter referred to as "the instant settlement agreement") is "the instant agreement."
1) The contract construction cost and unpaid construction cost are determined 1) A (C) and B (1) shall be provisionally determined as KRW 4,399,09,309 (including value-added tax) the subcontract direct payment construction cost (including the Plaintiff and the Plaintiff’s subcontractor) and C shall determine the final contract construction cost after settlement of the construction cost and the amount between the Plaintiff and the Defendant.
2 The Plaintiff was Jeju on August 27, 2015 to the Plaintiff.